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ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of August 2, 2023 No. 289

About approval of the Instruction for project development of land reclamation

According to subitem 300-1) of Item 15 of the Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310, I ORDER:

1. Approve the enclosed Instruction for project development of land reclamation.

2. Declare invalid the order of the acting minister of national economy of the Republic of Kazakhstan of April 17, 2015 No. 346 "About approval of the Instruction for project development of land reclamation" (it is registered in the Register of the state registration of regulatory legal acts No. 11256).

3. To provide to management committee with land resources of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Agriculture of the Republic of Kazakhstan

E.Karashukeev

It is approved

Ministry of Trade and integration of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of August 2, 2023 No. 289

Instruction for project development of land reclamation

Chapter 1. General provisions

1. This Instruction for project development of land reclamation (further – the Instruction) is developed according to subitem 300-1) of Item 15 of the Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310, and disaggregates procedure for project development of land reclamation.

2. In this Instruction the following basic concepts are used:

1) developer – the physical person or legal entity which is engaged in project and prospecting works, and also performing execution of land management projects;

2) the broken lands – the lands which lost the landscape pristineness and value, or being source of negative impact on the environment in connection with violation of soil covering, hydrological mode and topography as a result of productive activity of the person;

3) recultivation of lands – complex of the works directed to recovery of the broken lands for certain target use, including the adjacent parcels of land, which fully or partially lost the value as a result of negative impact of the broken lands and also on improvement of conditions of the environment;

4) violation of lands – the process happening when mining, including oil and oil products, exploration, prospecting and construction works, leading to violation of soil covering, hydrological mode, topography and other negative changes of condition of lands;

5) the meliorative period – time interval for which improvement of quality of the recultivated lands and recovery of their fertility is carried out;

6) potential and fertile layer of earth – the part of soil profile having favorable for growth of plants physical, chemical and limited agrochemical properties;

7) fertile layer of earth – humous part of soil profile with physical, chemical and agrochemical properties, favorable for growth of plants.

Chapter 2. Procedure for project development of land reclamation

3. Project development of land reclamation is performed according to the petition of the interested owners of the parcels of land or land users (further – customers) based on the agreement signed with developer.

4. In case of project development of land reclamation are considered:

1) area environment (climate, soil plant cover, geological and hydrological conditions);

2) perspectives of development of the area;

3) the actual or predicted condition of the broken (broken) lands by the time of recultivation (the area, topography forms, extent of natural overgrowing, availability of fertile and potential and fertile layers of soils, floodings, erosive processes, pollution level);

4) indicators of chemical and particle size distribution, agrochemical and agrophysical properties, the engineering-geological characteristic of the overburden and containing breeds and their mixes in dumps;

5) economic and economic and sanitary and epidemiologic conditions of the area of placement of the broken lands;

6) requirements for environmental protection.

5. Project development of land reclamation is carried out:

1) when providing the parcel of land which use will entail violation of lands, within year from the moment of decision making by local executive body of area, the city of republican value, the capital, the area, the city of regional value, the akim of the city of district value, the settlement, the village, the rural district about providing the parcel of land;

2) in case of change of purpose of the parcel of land as a result of which its use will entail violation of lands, within year from the moment of decision making by local executive body of area, the city of republican value, the capital, the area, the city of regional value, the akim of the city of district value, the settlement, village, rural district about change of purpose of the parcel of land;

3) on earlier broken lands on which there is no information about persons them broken – according to the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district within year from the moment of its acceptance.

6. The procedure of project development of land reclamation is performed in the following sequence:

1) preparatory work (field work);

2) carrying out inspection;

3) development of schemes and project of land reclamation (cameral works);

4) approval and issue of the project of land reclamation.

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